Martin Tsamenyi

Promoting Sustainable Fisheries: The International Legal and Policy Framwork to Combat Illegal, Unreported and Unregulated Fishing

This book provides a comprehensive examination of the different aspects of IUU fishing and the various measures embodied in international fisheries and related instruments, and those adopted by regional fisheries management organisations and individual States to combat IUU fishing.

Australian Oceans Policymaking

The need for an integrated oceans policy became a fundamental public policy issue for many coastal States following the entry into force of the United Nations Convention on the Law of the Sea (LOSC) in November 1994. Australias Oceans Policy was released in December 1998 and sets the framework for integrated and ecosystem-based planning and management. Australian Oceans Policy resulted in the establishment of a robust biophysical understanding of the bioregions of Australias oceans jurisdiction, particularly the exclusive economic zone. Australias Oceans Policy also achieved engagement with sectors that had previously not been involved with oceans governance issues. Despite its achievements, the Australian Oceans Policy was not successful for a number of reasons. First, the Policy failed to achieve the support of the states comprising the federation of Australia, with the consequence that regional marine plans were not integrated with the 3 nautical miles jurisdiction of the states. Second, the Policy was transformed from a multi-ministerial/departmental integrated approach to a sectoral environmental activity with consultation. Third, management measures and performance criteria were not clearly spelled out. In the end, Australias Oceans Policy became a sectoral solution and not an integrated one as was envisaged.

The institutional framework for regional cooperation in ocean and coastal management in the South Pacific

Constrained by physical and economic factors, the States and Territories in the central and southwestern Pacific region (the Pacific Island States and Territories) have utilized regional cooperation in addressing many of the coastal and marine resources development issues facing the region. Regional cooperation in dealing with coastal and marine issues has been facilitated largely through the establishment of a number of regional organizations. This article discusses the institutional frameworks for regional cooperation in coastal and marine resources and environmental management by the Pacific Island States and Territories. The article also highlights efforts being made to achieve better harmonization of the roles and responsibilities of the various organizations.

The European Council Regulation on illegal, unreported and unregulated fishing: an international fisheries law perspective.

On 29 September 2008, the Council of the European Union (EU) adopted Council Regulation (EC) No. 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated (IUU) fishing. Essentially, the EU IUU Regulation establishes a framework in which access to EU markets for fisheries products is partly conditioned by the extent to which a country, area or region of origin is demonstrably or increasingly free of IUU fishing. Aside from the amendments to US legislation in 2007, the EU IUU Regulation is the only other domestic legislative measure adopted solely to combat IUU fishing, with four main components: port State measures against third-country vessels, a catch documentation scheme, IUU vessel listing, and listing of non-cooperating States. This article analyses the EU IUU Regulation in the context of international fisheries law, and particularly international efforts to combat IUU fishing. It is concluded that the measures outlined in the EU IUU Regulation, despite several ambiguities, are generally consistent with those called for under international fisheries instruments and measures being implemented by regional fisheries management organisations.

Fairer Fishing?: The Impact on Developing Countries of the European Community Regulation on Illegal, Unreported and Unregulated Fisheries

Considers the likely effects on African, Caribbean and Pacific countries of the European Unions Directive on Illegal, Unreported and Unregulated (IUU) Fishing.

Satellite-based vessel monitoring systems for fisheries management: International legal aspects

Satellite-based vessel monitoring systems (VMS) are a relatively new technology that assist fisheries management authorities in data-gathering and ensuring compliance with management objectives. In comparison with traditional means of data-gathering and monitoring, control and surveillance (MCS), satellite-based VMS offer considerable advantages in cost-effectiveness, especially if applied at the regional level. Before opting for a satellite-based VMS, however, fisheries management authorities should realise that a number of limitations exist, that it may not be the most cost-effective in all circumstances and that the issue of the confidentiality and security of information will be crucial to co-operation and compliance. The main focus of the article are the relevant rights and obligations of states under international law. The analysis concludes, among other things, that significant legal restrictions exist in the exercise of jurisdiction by port and coastal states with respect to foreign fishing vessels in lateral passage, conditions for entry into port and foreign vessels engaged in bunkering of fishing vessels.

Fisheries Jurisdiction under the Law of the Sea Convention: Rights and Obligations in Maritime Zones under the Sovereignty of Coastal States

AbstractInternational fisheries governance contains no specific provisions detailing States’ rights and obligations in respect of fisheries in maritime zones classified as falling under the sovereignty of coastal States, namely: internal waters, archipelagic waters and territorial seas. Using a case-study of the Western and Central Pacific Fisheries Commission, this article demonstrates that there is still a gap in international fisheries governance relating to fisheries in ‘waters under sovereignty’ which requires remedying, and concludes by providing some possible management options to fill the gap.

Constabulary arrangements for enforcement of Australia’s maritime jurisdiction

Abstract While there is considerable governmental and public focus on border security issues, predominantly unauthorised maritime arrivals and illegal fishing, there is less public visibility of the jurisdictional arrangements that lie behind the enforcement of Australian sovereignty and sovereign rights in its waters. This article outlines the relevant issues.

Securing Maritime Australia: Developments in Maritime Surveillance and Security

A long coastline and extensive maritime claims mean that Australia benefits from and has responsibility for an enormous maritime jurisdiction. Within this offshore area Australia faces significant, varied, and complex maritime security and ocean policy challenges. In response, Australia has taken a number of innovative steps toward enhancing its maritime security. This article will review Australias past practice together with some of the more recent developments in this context, particularly efforts to enhance offshore maritime surveillance and enforcement, such as the creation of the Taskforce on Offshore Maritime Security and Border Protection Command, establishment of the Australian Maritime Identification System, and implementation of augmented security patrols.

Developments in global fisheries to 2020: implications for Australia’s fisheries interests and enforcement obligations

Abstract This article provides a law and policy prospective on Australia’s fisheries interests and enforcement responsibilities projected towards the year 2020. First, the paper sets out two key economic and technological trends, namely, the trend towards fishing in deep waters and further down the water column and the rise of Asian markets as the principal demand centre in the global fisheries economy. Second, it discusses likely trends in the evolution of the illegal, unreported and unregulated (IUU) fishing sector towards 2020 by exploring the increasing criminalisation and militarisation of IUU activity in response to heightened control measures developed by states. Third, it addresses developments in the global regulatory framework, focusing on the high seas, including the role of Regional Fisheries Management Organisations (RFMOs) as regulators of high seas fishing, the likely implementation of the inspecting state concept, regulation of fishing for discrete high seas stocks and on fragile seamounts. Fourth, it discusses the changing balance in policy and enforcement relations between states and increasingly assertive environmental and commercial sector non-governmental organisations (NGOs). The final part concludes with the range of technologically sophisticated options that may be in more widespread use by 2020.